Volume 92 · 2425
Public Law 95–568
To amend the Economic Opportunity Act of 1064, and for other purposes.
Approved November 2, 1978
Statutory text
An Act
To amend the Economic Opportunity Act of 1064, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “Economic Opportunity Amendments of 1978”.
Sec. 2. statement of purpose
It is the purpose of this Act to extend and revise programs
under title I through title IX of the Economic Opportunity Act of 1964 (hereinafter in this Act referred to as the “Act”).
Sec. 3. research and demonstrations
Section 103 of the Act (42 U.S.C. 2713) is amended by striking out “, whenever feasible,”.
Title I of the Act (42 U.S.C. 2711 et seq.) is amended by adding at the end thereof the following new section:
“Sec. 106. “authorization of appropriations
There is authorized to be appropriated for
the purpose of carrying out the provisions of this title $5,000,000 for fiscal year 1979, $6,000,000 for fiscal year 1980, and $8,000,000 for fiscal year 1981.”.
Sec. 4. urban and rural community action programs
Section 210(c) of the Act (42 U.S.C. 2790(c)) is amended by inserting after the first sentence thereof the following new sentences:
“The Director, in determining whether a county or multicounty unit is eligible to be served by a community action agency under this title, shall not apply, as the sole criterion for eligibility, any requirement or restriction relating to the number of individuals residing in the county or multicounty unit if at least 20 per centum of the families and unrelated individuals residing in such unit have incomes below the poverty line as determined by the Bureau of Census from the most recent census or survey. No new community action agency may be designated under subsection (a) within a county or muiticounty unit if—
“(1) such county or multi county unit has a population of less than 50,000;
“(2) such county or multicounty unit was served by an existing community action agency on dime 1, 1978; and
“(3) the new community action agency would serve a smaller geographical area than that served by an existing community action agency on June 1, 1978.”.
Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by inserting “, in accordance with regulations promulgated by the Director” after “determines”.
The first sentence of section 211(b) of the Act (42 U.S.C. 2791 (b)) is amended—
by inserting “, and not less than fifteen,” after “fifty-one”; and
by inserting “currently holding office” after “officials” the first place it appears in clause (1).
Section 213 of the Act (2 U.S.C. 2796) is amended by adding at the end thereof the following new subsection:
“(c) Annual review.
The Director shall annually review, and consult with State economic opportunity offices authorized under section 231(a). for the purposes of updating and simplifying, all relevant regulations and guidelines applicable to programs funded under this
Act, except with respect to programs funded under title V and or title X.”.
Sec. 5. financial assistance to community action programs
Section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by inserting after the fourth sentence thereof the following new sentence: “In no event shall the Director provide financial assistance under this title to a public or private nonprofit agency other than a community action agency in an area in which a community action agency exists without prior notification of such financial assistance to the board of such community action agency and to any State economic opportunity office in the State in which financial assistance is provided.”.
Section 222(a) of the Act is amended—
by redesignating paragraph (5) thereof as paragraph (1);
by redesignating paragraph (7) thereof as paragraph (2);
by redesignating paragraph (10) thereof as paragraph (3);
by redesignating paragraph (11) thereof as paragraph (4);
by redesignating paragraph (12) thereof as paragraph (5);and
by redesignating paragraph (13) thereof as paragraph (6). ‘ .
The last sentence of section 222(a)(1) of the Act, as so redesignated by subsection (a) (2), is amended by inserting before the period at the end thereof a comma and the following: “or through a local public or private nonprofit organization or agency providing services to migrant or seasonal farmworkers or Native Americans”.
The last sentence of section 222(a) (2) of the Act, as so redesignated by subsection (a)(2), is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and other Federal agencies
Utilization of funded agencies.
providing services to the elderly poor. The Director shall seek, to the maximum extent feasible, the utilization of agencies funded under section 221 for the provision of such services available under titles III, V, and VII of the Older Americans Act of 1965, or such other Federal programs serving the elderly poor.”.
The second sentence of section 222(a) (4) of the Act, as so redesignated by subsection (a) (2), is amended by striking out “serving” and inserting in lieu thereof “or to local public or private non-profit organizations or agencies providing services to migrant or seasonal farmworkers or Native Americans which serve”.
The third sentence of section 222 (a) (4) of the Act, as so redesignated by subsection (a)(2), is amended by inserting “and programs under the Comprehensive Employment
Ante, p. 1909.
and Training Act of 1973” after “Mainstream programs”.
Section 222(a) (5) of the Act, as so redesignated by subsection (a) (2), is amended by adding the following new sentence at the end thereof: “In carrying out programs to lessen the impact of the high cost of energy to migrants, other seasonally employed farmworkers, and Native Americans, the Director shall utilize local public or private nonprofit organizations or agencies where feasible.
Eligibility basis.
Eligibility for any of the programs authorized under this section shall not be based solely on delinquency in payment of fuel bills.”.
Section 222(a) (6) of the Act, as so redesignated by subsection (a) (2), is amended to read as follows:
“(6) A program to be known as
Summer Youth Recreation.
‘Summer Youth Recreation’ designed to provide recreational opportunities for low-income children during the summer months. Funds made available for this paragraph shall be allocated by the Director among community action agencies where feasible, or other public or private nonprofit agencies where no such community action agency exists or is able to administer a program, to provide recreational opportunities for low-income children during the summer months.”.
Section 222(a) of the Act is amended by adding the following new paragraph at the end thereof:
“(7) A program to be known as ‘Demonstration Employment
Demonstration Employment and Training Opportunities.
and Training Opportunities’ designed to establish experimental employment and training programs and projects for low-income persons who are unemployed or underemployed, with special emphasis on youth, the structurally
Grants.
unemployed (especially those dependent on public assistance), single heads of households with dependent children, older workers, and veterans. The Director may make grants to community action agencies, community economic
development corporations (as designated under title VII), and public or private nonprofit organizations and agencies for experimental programs and activities including, but not limited to, providing innovative approaches to employment and training programs, which shall, if necessary, make available to participants comprehensive supportive services; developing programs and linkages for low-income persons to achieve satisfactory transition from either unemployment or federally subsidized jobs to employment that is not federally subsidized; and developing training programs, with special consideration for community development corporations, designed to place disadvantaged youth in the private sector. The Director and the
Exchange of information.
Secretary of Labor shall assure a full exchange of information concerning the employment and training programs subject to their respective jurisdictions in order to assure the most effective and responsive demonstration programs and activities. Any employment and training activities assisted in whole or part with funds made available under this paragraph shall be subject to the applicable conditions, labor standards, and benefits set forth in the Comprehensive Employment and Training Act of 1973
Ante, p. 1909.
and other related laws.”.
The first sentence of section 225(c) of the Act (42 U.S.C. 2812 (c)) is amended to read as follows: “Unless
Limitation.
otherwise, provided in this part, financial assistance extended to a community action agency or other agency pursuant to section 221 and section 222(a) shall not exceed 80 per centum of the approved cost of the
42 USC 2808, ante, p. 2426.
assisted programs or activities.”.
Sec. 6. supplemental programs and activities
Section 230 of the Act (42 U.S.C. 2824) is amended—
by striking out “may’ in the first sentence and inserting in lieu thereof “shall”; and
by striking out “may” in the last sentence and inserting in lieu thereof “shall, to the extent feasible,”.
Section 231(a)(1) of the Act (42 U.S.C. 2824(a)(1)) is amended by inserting before the semicolon at the end thereof a comma and the following: “with priority to programs
funded under section 221 and section 222”.
Section 231(a) of the Act (42 U.S.C. 2824(a)) is amended—
in paragraph (3) thereof, by striking out “and” at the end thereof;
in paragraph (4) thereof, by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and
by adding at the end thereof the following new paragraphs:
“(5) to advise the Director and the chief elected official of the State on the status and impact of State and Federal programs and services affecting low-income individuals in the State; and
“(6) to assist programs funded under section 221 and section 222 in coordinating and utilizing services available through other State agencies..
The third sentence of section 232(b) of the Act (42 U.S.C. 2825 (b)) is amended by striking out “minimizing” and inserting in lieu thereof “preventing”.
Part C of title II of the Act (42 U.S.C. 2824 et seq.) is amended by striking out section 236 and by redesignating section 237 as section 236.
Section 236 of the Act, as so redesingated by subsection (d), is amended by striking out “two” and inserting in lieu thereof “six”.
Sec. 7. general and technical provisions
Part D of title II of the Act (42 U.S.C. 2832 et seq.) is amended by striking out section 240.
Section 244(2) of the Act (42 U.S.C. 2836(2)) is amended by striking out “$15,000” each place it appeal's therein and inserting in lieu thereof “$18,000”, and by striking out “(particularly in large metropolitan areas)”.
Section 245 of the Act (42 U.S.C. 2837) is amended by striking out “eleven” and inserting in lieu thereof “fourteen”.
Sec. 8. special programs to combat poverty in rural areas
Title III of the Act (42 U.S.C. 2855 et seq.) is amended—
by striking out the title “Part A—Rural Loan Programs” ;
by striking out part B and part C thereof; and
by adding at the end thereof the following new section:
“Sec. 307. “authorization of appropriations
There is authorized to be appropriated for the purpose of carrying out the provisions of this title $3,000,000 for fiscal year 1979, $5,000,000 for fiscal year 1980, and $7,000,000 for fiscal year 1981.”.
Section 301 of the Act (42 U.S.C. 2841) is amended by striking out “part” and inserting in lieu thereof “title”.
Section 306(d) of the Act (42 U.S.C. 2855(d)) is amended by striking out “part” each place it appears therein and inserting in lieu thereof “title”.
Sec. 9. assistance for migrant and other seasonally employed farmworkers and their families
Title IV of the Act (42 U.S.C. 2701 et seq.) is amended to read as follows:
“TITLE IV— ASSISTANCE FOR MIGRANT AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THEIR FAMILIES
“Sec. 401. “statement of purpose
The purpose of this title is to assist migrant and seasonal
farmworkers and their families to improve their living conditions and develop skills necessary for a productive and self-sufficient life in an increasingly complex and technological society.
“Sec. 402. “financial assistance
(a) The Director may provide financial assistance
to assist State and local agencies, private nonprofit institutions, and cooperatives in developing and carrying out programs to fulfill the purpose of this title.
“(b) Programs assisted under this title may include projects or activities—
“(1) to meet the immediate needs of migrant and seasonal farmworkers and their families, such as day care for children, education, health services, improved housing and sanitation (including the provision and maintenance of emergency and temporary housing and sanitation facilities), legal advice and representation, and consumer training and counseling;
“(2) to promote increased community acceptance of migrant and seasonal farmworkers and their families; and
“(3) to equip unskilled migrant and seasonal farmworkers and members of their families, as appropriate, through education and developmental programs to meet the changing demands in agricultural employment brought about by technological advancement and to take advantage of opportunities available to improve their well-being and self-sufficiency by gaining regular or permanent employment or by participating in available federally assisted employment or training programs.
“Sec. 403. “limitations on assistance
(a) Assistance may not be extended under this title
unless the Director determines that the applicant will maintain its prior level of effort in similar activities.
“(b) The Director shall establish necessary procedures or
Necessary procedures or requirements.
requirements to assure that programs under this title are carried out in coordination with other programs or activities providing assistance to the persons and groups served.
“Sec. 404. “technical assistance, training and evaluation
The Director may provide directly or through grants,
contracts, or other arrangements, such technical assistance or training of personnel as may be required to implement effectively the purpose of this title.
“Sec. 405. “special responsibilities
The Director shall be responsible for coordinating programs under this title with other Federal programs designed to assist or serve migrant and seasonal farmworkers, for reviewing and monitoring such programs, and for insuring that programs assisted under this title cooperate with and receive the cooperation of programs assisted under section 221 in communities which such programs mutually serve. Programs under this title shall be administered at the national level.
“Sec. 406. “authorization of appropriations
There are authorized to be appropriated for carrying out the purposes of this title $3,000,000 for fiscal year 1979, $5,000,000 for fiscal year 1980, $8,000,000 for fiscal year 1981.”.
Sec. 10. headstart and follow through
Section 512 of the Act (42 U.S.C. 2928a) is amended by striking out “1975 through 1977” and inserting in lieu thereof “1979 through 1981”.
Section 513(a) of the Act (42 U.S.C. 2928b(a)) is amended to read as follows:
“(a) (1) Of the sums appropriated pursuant to section 512 for any fiscal year beginning after September 30, 1978, the Secretary shall allot such sums in accordance with paragraphs (2) through (4).
“(2) The Secretary shall allot at least 78 percent among the States, in accordance with the latest satisfactory data available, so that equal proportions are distributed on the basis of—
“(A) the relative number of recipients receiving payments under the program of aid to families with dependent children under a State
plan approved under part A of title IV of the Social Security Act in each State as compared to all States; and
“(B) the relative number of related children from birth through 5 years of age living with families with incomes below the poverty line in each State as compared to all States.
“(3) (A) Subject to the provisions of subsection (b), the Secretary shall reserve 20 percent of the sums so appropriated for each fiscal year for use in accordance with the following order of priorities:
“(i) funding shall be given with equal consideration to Indian and migrant Headstart programs and to services for handicapped children, except that—
“(I) there shall be made available, for use by Indian and migrant Headstart programs, nationally, no less funds for fiscal year 1979 and thereafter than were obligated for use by Indian and migrant Headstart programs in fiscal year 1978, and
“(II) cost-of-living adjustments (which shall, at the minimum reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor) shall be made with respect to such Indian and migrant Headstart programs in fiscal year 1979 and thereafter;
“(ii) payments shall be made available to each State or territory, if necessary, to maintain such State or territory at a level of funding equal to its level of funding for fiscal year 1978;
“(iii) training and technical assistance activities which, at a minimum, are sufficient to meet the needs associated with program expansion and to foster program and management improvement activities; and
“(iv) subject to the provisions of subparagraph (B), the remainder in accordance with such criteria and procedures as the Secretary shall prescribe by regulation.
“(B) Additional financial assistance for a fiscal year may be
Additional financial assistance.
provided to a State if funds are available after meeting the requirements of clauses (i) through (iii) of subparagraph (A),for purposes other than assistance to Indian and migrant programs, services for handicapped children, payments under subparagraph (A) (ii), and training and technical assistance activities, only if such State’s allotment for such fiscal year under paragraph (2) and subparagraph (A)(ii) is not greater than 175 percent of the amount such State is eligible to receive in such fiscal year under paragraph (2).
“(4) (A) Subject to the provisions of subparagraph (E), the Secretary shall reserve 2 percent of the sums appropriated for—
“(i) allotment among Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands, according to their respective needs, and
“(ii) the provision of assistance to States in accordance with the provisions of subparagraph (C).
“(B) A State shall receive the total amount of assistance
Total amount of assistance.
calculated under subparagraph (C) for any fiscal year if—
“(i) such State receives an allotment under paragraph (2) and paragraph (3) (A) (ii) which is greater than 100 percent and less than 140 percent of the amount such State is eligible to receive under paragraph (2); or
“(ii) such State receives an allotment under paragraph (2) only and such allotment, as compared to the total amount of assistance received by such State in the previous fiscal year, represents an increase which is less than 50 percent of the percentage increase in the appropriation for such fiscal year for which the determination is made as compared to the appropriation for the fiscal year preceding the fiscal year for which the determination is made.
“(C) Except as provided in subparagraph (D), each State specified in subparagraph (B) shall receive a total amount of assistance for any fiscal year which is equal to the sum of—
“(i) the amount of the allotment received by such State under paragraph (2);
“(ii) the amount of any payments received by such State under paragraph (3) (A) (ii); and
“(iii) an amount equal to the difference between—
“(I) an amount equal to the sum of the total amount of assistance received by such State for the fiscal year preceding the fiscal year for which the determination is made; and the amount derived by multiplying the total amount of assistance received by such State for the most recent fiscal year by a percentage equal to one-half of the percentage increase in the appropriation for that fiscal year for which the determination is made as compared to the appropriation for the fiscal year preceding the fiscal year for which the determination is made: and
“(II) the total of the payments received by such State under paragraph (2) and paragraph (3) (A) (ii) for the fiscal year for which the determination is made.
In the case of any fiscal year for which there is no increase in the appropriation as compared to the appropriation for the preceding fiscal year, each State specified in subparagraph (B) shall receive a total amount of assistance for such fiscal year which is equal to the total amount of assistance such State received for such preceding fiscal year. In the case of any fiscal year for which there is a reduction in the appropriation as compared to the appropriation for the preceding fiscal year, the Secretary shall make such adjustments in the total amount of assistance which each State otherwise would receive under this subparagraph as may be necessary to assure an equitable distribution of such assistance under this subparagraph.
“(D) For fiscal year 1979, each State described in subparagraph (B) shall receive payments in an amount equal to 69 percent of the percentage increase, up to 9 percent, in the appropriation for fiscal year 1979 over the appropriation for fiscal year 1978, or 50 percent of the percentage increase in the appropriation for fiscal year 1979 over the appropriation for fiscal year 1978. whichever is greater.
“(E) (i) Any funds not allotted according to the provisions of this paragraph for any fiscal year shall be allotted according to the provisions of paragraph (2) to those States which, for such fiscal year, receive an allotment under paragraph (2) only.
“(ii) If sums reserved under subparagraph (A) of this paragraph are insufficient in any fiscal year to carry out the provisions of subparagraphs (A), (B), (C), and (D) of this paragraph, the Secretary shall transfer from sums reserved under paragraph (3) an amount necessary to carry out such provisions.”.
Section 513 of the Act is amended by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively and by inserting the following new subsection after subsection (a):
“(b) Whenever funds appropriated pursuant to section 512 for any fiscal year beginning after September 30, 1978, are equivalent to, or exceed $800,000,000, the Secretary, pursuant to the provision of sub-section (a) (3), shall reserve not more than 20 percent of $800,000,000 or 15 percent of the funds so appropriated, whichever is greater.”.
Section 514 of the Act (42 ILS.C. 2928c) is amended by adding at the end thereof the following new subsection:
“(d) The Secretary shall require that the practice of significantly involving parents and area residents affected by the program in selection of Headstart agencies be continued.”.
Section 515(b)(1) of the Act (42 U.S.C. 2928d(b)(l)) is amended by inserting “directly participate in decisions that” before “influence”.
Section 517(b) of the Act (42 U.S.C. 2928f(b)) is amended by striking out “six” and inserting in lieu thereof “twelve”.
Section 518(a) of the Act (42 U.S.C. 2928g(a)) is amended—
by inserting“(1)” after “(a) ”;
by striking out “Such” in the second sentence and inserting in lieu thereof “Except as provided in paragraph (2) of this subsection, such”;
by redesignating clause (1) and clause (2) as clause (A) and clause (B), respectively;
by striking out “(1)” after “clause” and inserting in lieu thereof “(A)”; and
by adding at the end thereof the following new paragraph:
Whenever a Headstart program is operated in a community
Criteria for eligibility.
with a population of 1,000 or less individuals and (A) there is no other preschool program in the community, (B) the community is located in a medically underserved area as designated by the Secretary pursuant to section 330(b) (3) of
the Public Health Service Act and is located in a health manpower shortage area as designated by the Secretary pursuant to sections 332(a) (1) of such Act, (C) the community is in a location which, by reason of
remoteness, does not permit reasonable access to the types of services described in clauses (A) and (B), and (D) not less than 50 per centum of the families to be served in the community are eligible under the eligibility criteria established by the Secretary under paragraph (1) of this subsection, the Headstart program in each such locality shall establish the criteria for eligibility, except that no child residing in such community whose family is eligible under such eligibility criteria shall, by virtue of such project’s eligibility criteria, be denied an opportunity to participate in such program.”.
Section 523(b) of the Act (42 U.S.C. 2928(b)) is
amended—
by inserting “(1)” after “subsection (a)”;
by striking out “subsection (b) ” and inserting in lieu thereof “subsection (a)(2)”; and
by striking out “thirty” the second place it appears therein and inserting in lieu thereof “ninety”.
Subsections (c) and (d) of section 523 of the Act (42 U.S.C. 2928(c),
(d)) are amended by striking out “Director” each place it appears therein and inserting in lieu thereof “Secretary”.
Section 524(b) of the Act (42 U.S.C. 2928m (b)) is amended to read as follows:
“(b) The Secretary shall operate, the programs
Administration.
and projects covered by this part in accordance with Headstart performance standards. Any revisions in such standards shall result in standards which are no less comprehensive than those in effect on the date of the enactment
Ante, p. 2425.
of the Economic Opportunity Amendments of 1978. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this part.”.
Sec. 11. follow through program
Section 551(a)(1) of the Act (42 U.S.C. 2929(a)(1)) is amended by adding at the end thereof the following new sentence: “Other children in kindergarten and primary grades, including such other children enrolled in private nonprofit elementary schools, who were previously enrolled in preschool programs of a compensatory nature which received Federal financial assistance may participate in such Follow Through programs.”.
Section 551(a) (3) of the Act is amended by striking out “the Secretary determines”, and by inserting “educational, health, nutritional. social, and other” after “comprehensive”.
The first sentence of section 552(a) of the Act (42 U.S.C. 2929a (a)) is amended to read as follows:
“(a) There is authorized to be appropriated for carrying out the purposes of this part $70,000,000 for fiscal year 1979, $85,000,000 for fiscal year 1980. and $100,000,000 for fiscal year 1981.”.
Part B of title V of the Act (42 U.S.C. 2929 et seq.) is amended—
by striking out section 553;
by redesignating section 554 as section 557; and
by inserting after section 552 the following new sections:
“Sec. 553. “research, demonstration, and pilot projects
(a) Grants or contracts.
The Secretary may provide financial assistance through grants or contracts for research, demonstration, or pilot projects conducted by public and private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or in otherwise furthering the purposes of this part.
“(b) Overall plan, establishment.
The Secretary shall establish an overall plan to govern the approval of research, demonstration, or pilot projects and the use of all research authority under this part. Such plan shall set forth specific objectives to be achieved and priorities among such objectives.
“Sec. 554. “announcement of research, demonstration, and pilot project contracts
(a) The Secretary shall make a public announcement concerning—
“(1) the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency or organization for any research, demonstration, or pilot project under this part; and
“(2) the results, findings, data, or recommendations made or reported as a result of such activities.
“(b) The public announcements required by subsection (a) (1) shall be made not later than 30 days of making such grants or contracts, and the public announcements required by subsection (a) (2) shall be made not later than 90 days of the receipt of such results.
“(c) The Secretary shall take necessary action to assure that all studies, proposals, and data produced or developed with Federal funds employed under this part shall become the property of the United States.
“(d) Summaries, submission to Congress.
The Secretary shall publish summaries of the results of activities carried out pursuant to this part not later than 90 days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such summaries.
“Sec. 555. “evaluation
(a) The Secretary shall provide, directly or through grants or contracts, for the continuing evaluation of programs under this part, including evaluations that measure and evaluate the impact of programs authorized by this part, in order to determine their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanism for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluation.
“(b) General standards, publication.
The Secretary shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this part. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this part.
“(c) In carrying out evaluations under this part, the Secretary shall, whenever feasible, arrange to obtain the specific views of persons parti-cipating in and served by programs and projects assisted under this part about such programs and projects.
“(d) The Secretary shall publish the results of evaluative
Research studies and evaluation summaries, submission to congressional committees.
research and summaries of evaluations of program and project impact and effectiveness not later than 90 days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries.
“(e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this section become the property of the United States.
“Sec. 556. “technical assistance and training
The Secretary may provide, directly or through grants or
Grants.
other appropriate arrangements (1) technical assistance to Follow Through programs in developing, conducting, and administering programs under this part, and (2) training for specialized or other personnel which is needed in connection with Follow Through programs.”.
Sec. 12. day care projects
Section 583 of the Act (42 U.S.C. 2933) is amended by striking out “ten” and inserting in lieu thereof “thirteen”.
Sec. 13. administration and coordination
The first sentence of section 601(c) of the Act (42 U.S.C. 2941 (c)) is amended by striking out “Subject to the provisions of subsection (e) of this section, the” and inserting in lieu thereof “The”.
The last sentence of section 601(c) of the Act (42 U.S.C. 2941(c)) is amended to read as follows: “The Director shall promulgate rules and regulations regarding the final approval of grants and contracts.”.
Section 601 of the Act (42 U.S.C. 2941) is amended by striking out subsections (e), (f), (g),and (h).
Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended by striking out “with the approval of the President,”.
The first sentence of section 605(a) of the Act (42 U.S.C. 2945(a)) is amended by striking out “twenty-one” and inserting in lieu thereof “fifteen”.
The second sentence of section 605(a) of the Act (42 U.S.C. 2945(a)) is amended to read as follows: “Of such members, five shall be appointed from among poor persons, five shall be appointed from among individuals who represent poor persons, and five shall be appointed from among members of the general public.”.
Section 605 of the Act (42 U.S.C. 2965) is amended by adding
at the end thereof the following new subsection:
“(d) The Advisory Council may not make expenditures or incur obligations, from sums available to carry out this section, which exceed $225,000 for fiscal year 1979, $250,000 for fiscal year 1980, and $275,000 for fiscal year 1981.”.
Section 608 of the Act (42 U.S.C. 2948) is amended by inserting before the period at the end thereof a comma and the following: “and shall include the types of services delivered by community action agencies and other programs funded under this Act”.
Part A of title VI of the Act (42 U.S.C. 2941 et seq.) is amended by redesignating section 610 as section 609 and section 610–1 as section 610.
Section 610(b) of the Act, as so redesignated by subsection (e), is amended by striking out “$6,000” and inserting in lieu thereof “$8,000”.
Section 615 of the Act (42 U.S.C. 2965) is amended by striking out “eleven” and inserting in lieu thereof “fourteen”.
Section 620 of the Act (42 U.S.C. 2970) is amended by striking out the last sentence thereof.
Part A of title VI of the Act (42 U.S.C. 2940 et seq.) is amended
by striking out section 621, and by redesignating section 622 through section 628 as section 621 through section 627, respectively.
Section 632(3) of the Act (42 U.S.C. 2974(3)) is amended by inserting after “time.” the following new sentence: “The Director shall consult with community action agencies and State offices of economic opportunity in the development of such plan.”.
Part B of title VI of the Act (42 U.S.C. 2972 et seq.) is amended
by redesignating section 638 as section 639 and by inserting after section 637 the following new section:
“Sec. 628. “regional offices
(a) The Director may utilize regional Community Services Administration offices for the purpose of—
“(1) carrying out the national responsibilities and directives delegated to them;
“(2) processing and finalizing grants and contracts authorized under this Act;
“(3) monitoring and evaluating programs funded under this Act within that designated region :
“(4) monitoring and evaluating on an annual basis all relevant regulations and guidelines applicable to programs funded under this Act within that designated region; and
“(5) providing technical assistance to local community action agencies and other programs funded under this Act.
“(b) The Director shall monitor and evaluate at least annually the activities of regional offices as described in subsection (a).”.
Sec. 14. community economic development
Section 703 of the Act (42 U.S.C. 2981 (b) ) is amended to read as follows:
“Sec. 703. “authorization of appropriations
For the purpose of carrying out this title, there is authorized to be appropriated $70,000,000 for fiscal year 1979, $85,000,000 for fiscal year 1980, and $105,000,000 for fiscal year 1981. Any sums appropriated under this section shall remain available until expended.”.
Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by inserting after section 703 the following new section:
“Sec. 704. “advisory community investment boards
(a) Establishment.
The President is authorized to establish a National Advisory Community Investment Board (hereinafter in this section referred to as the ‘Investment Board’). Such Investment Board shall be composed of fifteen members appointed,
Membership.
for staggered terms and without regard to the civil service laws, by the President, in consultation with the Director. Such members shall lie representative of the investment and business communities and appropriate fields of endeavor related to this title. The Investment
Meetings.
Board shall meet at the call of the chairperson, but not less often than three times each year. The
Ex officio members.
Director and the administrator of community economic development programs shall be ex officio members of the Investment Board.
“(b) The Investment Board shall promote cooperation between
Cooperation between private investors and others.
private investors and businesses and community development corporation projects through—
“(1) advising the Director and the community development corporations on ways to facilitate private investment;
“(2) advising businesses and other investors of opportunities in community development corporation projects; and
“(3) advising the Director, Community development corporations, and private investors and businesses of ways in which they might engage in mutually beneficial efforts.
“(c) The governing body of each Community Development
Advisory community investment board; establishment, membership.
Corporation may establish an advisory community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with appropriate local officials. Each such board shall promote cooperation between private investors and businesses and the governing body of the Community Development Corporation through—
“(1) advising the governing body on ways to facilitate private investors;
“(2) advising businesses and other investors of opportunities in Community Development Corporation projects; and
“(3) advising the governing body, private investors, and businesses of ways in which they might engage in mutually beneficial efforts.”.
Section 712(a) of the Act (42 U.S.C. 2982a(a)) is amended—
by striking out “economic and” in paragraph (1), and by inserting “and commercial” after “business”;
by inserting “physical” after “community” in paragraph
by inserting before the semicolon in paragraph (3) a comma
and the following: “and in section 222(a) (7) of this Act”;
by striking out “economic” in paragraph (4) and inserting in lieu thereof “business and commercial”; and
by inserting “recreation services,” after “energy conservation,” in paragraph (4).
Section 713(b) of the Act (42 U.S.C. 2982b(b)) is amended by striking out “an” and inserting in lieu thereof “a substantial”.
Section 713 of the Act (42 U.S.C. 2982b) is amended by adding at the end thereof the following new subsection:
“(d) Financial assistance for commercial development under this part shall not be extended until the community economic development program that has applied for assistance under this title has specified in some detail its development goals and its development timetable. The Director, in providing continued financial assistance to a community economic development program, shall give serious consideration to the experience that program has had in meeting development goals or in adhering to development timetables.”.
Section 714 of the Act (42 U.S.C. 2982c) is amended to read as follows:
“Sec. 714. “federal share
(a) (1) Ante, p. 2437.
Assistance provided under this title to any pro-gram described in section 712(a) shall not exceed 90 per centum of the cost of such program including costs of administration unless the Director determines that the assistance in excess of such percentage
Non-Federal contributions.
is required in furtherance of the purposes of this title. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services.
“(2) Grantees.
The assistance referred to in paragraph (1) shall be made available (A) for deposit to the order of grantees which have demonstrated successful program performance, under conditions which the Director deems appropriate, within thirty days following approval of the grant agreement by the Director and such grantee, or (B) whenever the Director deems appropriate, in accordance with applicable rules and regulations prescribed by the Secretary of the Treasury, and including any other conditions which the Director deems appropriate, within 30 days following approval of the grant agreement by the Director and such grantee.
“(b) Proceeds from Federal property.
Property acquired as a result of capital investments made by any community development corporation with funds granted as its Federal share of the cost of programs carried out under this title, and the proceeds from such property, shall become the property of the community development corporation
Assets purchased with grant funds.
and shall not be considered to be Federal property. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased with grant funds shall continue to be used for the original purpose for which they were granted.”.
Section 722(b) of the Act (42 U.S.C. 2983) is amended by inserting “or local public and private nonprofit organizations or agencies” after “local cooperative associations”.
The first sentence of section 731(a) of the Act (42 U.S.C. 2984 (a)) is amended to read as follows: “The Director is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this title, to community action agencies
and other community-based organizations eligible for financial assistance under title II of this Act, or to public and private nonprofit organizations or agencies, for business facilities and community development projects, including community development credit unions, which the Director determines will carry out the purposes of this part.”.
Section 732(b) of the Act (42 U.S.C. 2984a (b)) is amended by striking out “1975” and inserting in lieu thereof “1979”.
Section 742(a)(2) of the Act (42 U.S.C. 2985a(a)(2)) is amended—
by striking out “prescribe such” and inserting in lieu thereof “promulgate”;
by striking out “as may be necessary and appropriate”; and
by inserting “, including, but not
limited to, programs under section 8(a) of the Small Business Act” before the period.
Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by
striking out section 745 and by redesignating sections 746, 747, 748, and 749 as sections 745,746,747, and 748, respectively.
Section 746(b) of the Act, as so redesignated by subsection
(k), is amended by inserting “and demonstration projects” after “research”.
Sec. 15. native american programs
Section 814 of the Act (42 U.S.C. 2992d) is amended by striking out “1975 through 1977” and inserting in lieu thereof “1979 through 1981”.
Sec. 16. evaluation
Title IX of the Act (42 U.S.C. 2995 et seq.) is amended by adding at the end thereof the following new section:
“Sec. 904. “authorization of appropriations
There is authorized to be appropriated for the purpose of
carrying out the provisions of this title $4,000,000 for fiscal year 1979, $7,000,000 for fiscal year 1980. and $10,000,000 for fiscal year 1981.”.
Sec. 17. technical amendments
Section 2 of the Act (42 U.S.C. 2701) is amended by striking out “his capabilities” and inserting in lieu thereof “the capabilities of such individual”.
Section 102(c) of the Act is amended by striking out
“him” tile first place it appears therein and inserting in lieu thereof “such chief executive officer’, and by striking out “him” the last place it appears therein and inserting in lieu thereof “the Director”.
Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 210 (f) of the Act is amended—
by striking out “In carrying out his responsibilities under this part the Director” and inserting in lieu thereof “The Director, in carrying out the responsibilities of the Director under this part,”; and
by striking out “him. as he” and inserting in lieu thereof “the Director, as the Director”.
Section 211(d)(1) of the Act (42 U.S.C. 2791(d)(1)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 213(b) of the Act (42 U.S.C. 2796(b)) is amended by striking out “He” and inserting in lieu thereof “The Director”.
Section 221(a) of the Act (42 U.S.C. 2808(a)) is amended by striking out “He” and inserting in lieu thereof “The Director”.
Section 221(b) of the Act. (42 U.S.C. 2808(b)) is amended by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”.
Section 221(d) of the Act (42 U.S.C. 2808(d)) is amended by striking out “He” and inserting in lieu thereof “The Director”.
Section 221(e) of the Act (42 U.S.C. 2808(e)) is amended by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”.
The second sentence of section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by striking out “him” and inserting in lieu thereof “the Director”.
The fourth sentence of section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 222(a)(4) of the Act, as so redesignated by section Ante, p. 2426. 6(a) (2), is amended—
by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”; and
by striking out “his adjusted family income” and inserting in lieu thereof “the adjusted family income of such applicant”.
Section 225(a) of the Act (42 U.S.C. 2812(a)) is amended by striking out “He” and inserting in lieu thereof “The Director”, and by striking out “he” and inserting in lieu thereof “the Director”.
Section 225(b) of the Act (42 U.S.C. 2812(b)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 225(c) of the Act (42 U.S.C. 2812(c)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 225(d) of the Act (42 U.S.C. 2812(d)) is amended by striking out “satisfies himself” and inserting in lieu thereof “is satisfied”.
Section 227(c) of the Act (42 U.S.C. 2814(c)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 231(d) of the Act (42 U.S.C. 2824(d)) is amended—
by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”;
by striking out “his findings” and inserting in lieu thereof “the findings of the Director”; and
by striking out “him” and inserting in lieu thereof “the Director”.
Section 232(a) of the Act (42 U.S.C. 2825(a)) is amended by striking out “He” and inserting in lieu thereof “The Director”.
Section 232(d) of the Act (42 U.S.C. 2825(d)) is amended by striking out “him” and inserting in lieu thereof “the Director”.
Section 235(b) of the Act (42 U.S.C. 2828(b)) is amended by striking out “satisfies himself” and inserting in lieu thereof “is satisfied”.
Section 241(b) of the Act (42 U.S.C. 2833(b)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 241(c) of the Act (42 U.S.C. 2833(c)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 242 of the Act (42 U.S.C. 2834) is amended by striking out “him” and inserting in lieu thereof “the Director”.
Section 243(c) of the Act (42 U.S.C. 2835(c)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 243(d) of the Act (42 U.S.C. 2835(d)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 244(4) of the Act (42 U.S.C. 2836(4)) is amended—
in subparagraph (A) thereof, by striking out “his or her” and inserting in lieu thereof “the”;
in subparagraph (A) thereof, by inserting “of such individual” after “religious beliefs”; and
in subparagraph (B) thereof, by striking out “he or she” and inserting in lieu thereof “such individual”.
Section 244(7) of the Act (42 U.S.C. 2836(7)) is amended—
by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”;
by striking out “him” and inserting in lieu thereof “the Director”; and
by striking out “his judgment” and inserting in lieu thereof “the judgment of the Director”.
Section 513(b) of the Act (42 U.S.C. 2928b(b)) is amended
Ante, p. 2432.
by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 516 of the Act (42 U.S.C. 2928e) is amended by striking out “him” and inserting in lieu thereof “the Secretary”.
Section 517(b) of the Act (42 U.S.C. 2928f(b)) is amended—
by striking out “he” each place it appears therein and inserting in lieu thereof “the Secretary”;
by striking out “him” and inserting in lieu thereof “the Secretary”; and
by striking out “his judgment” and inserting in lieu thereof “the judgment of the Secretary”.
Section 517(c) of the Act (42 U.S.C. 2928f(c)) is amended by striking out “He” and inserting in lieu thereof “The Secretary”.
Section 519(1) of the Act (42 U.S.C. 292811(1)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 525(a) of the Act (42 U.S.C. 2928n(a)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 551(a) of the Act (42 U.S.C. 2929(a) (2)) is amendea by striking out “he” each place it appears therein and inserting in lieu thereof “the Secretary”.
Section 552(b) of the Act (42 U.S.C. 2929a (b)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 582(e) of the Act (42 U.S.C. 2932(e)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 601(d) (1) of the Act (42 U.S.C. 2941(d) (1)) is amended by striking out “his designee” and inserting in lieu thereof “the designee of the Director”.
Section 601(d)(3) of the Act (42 U.S.C. 2941(d)(3)) is amended by striking out “his official capacity” and inserting in lieu thereof “the official capacity of such officer”.
That portion of section 602 of the Act (42 U.S.C. 2942) which precedes paragraph (a) of such section is amended—
by striking out “him” and inserting in lieu thereof “the Director”; and
by striking out “his functions” and inserting in lieu thereof “the functions of the Director”.
Section 602(c) of the Act (42 U.S.C. 2942(c)) is amended—
by striking out “he” and inserting in lieu thereof “the Director”;
by striking out “him” and inserting in lieu thereof “the Director”; and
by striking out “this functions” and inserting in lieu thereof “the functions of the Director”.
Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended—
by striking out “his functions” and inserting in lieu thereof “the functions of the Director”; and
by striking out “his powers” and inserting in lieu thereof “the powers of the Director”.
Section 602(h) of the Act (42 U.S.C. 2942(h)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 602(i) of the Act (42 U.S.C. 2942(i)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 602(k) of the Act (42 U.S.C. 2942(k)) is amended by striking out “him” each place it appears therein and inserting in lieu thereof “the Director”.
Section 602(1) of the Act (42 U.S.C. 2942(1)) is amended by striking out “him” each place it appears therein and inserting in lieu thereof “the Director”.
Section 602(m) (2) of the Act (42 U.S.C. 2942 (m) (2)) is amended by striking out “him” and inserting in lieu thereof “the Director”.
Section 602(m) (2) (B) of the Act (42 U.S.C. 2942(m) (2) (B)) is amended by striking out “his intention” and inserting in lieu thereof “the intention of the Director”.
Section 602(n) of the Act (42 U.S.C. 2942(n)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 603(c) of the Act (42 U.S.C. 2943(c)) is amended by striking out “in his” and inserting in lieu thereof “while acting in an”.
Section 606(c) of the Act (42 U.S.C. 2946(c)) is amended by striking out “he” and inserting in lieu thereof “the Comptroller General”.
Section 609 of the Act, as so redesignated in section 13(e), is amended by striking out “his responsibilities” and inserting in lieu thereof “the responsibilities of the Director”.
Section 610(b) of the Act, as so redesignated in section 13 (e), is amended—
by striking out “he” and inserting in lieu thereof “such person”; and
by striking out “his immediately preceding employment” and inserting in lieu thereof “the immediately preceding employment of such person”.
Section 611 of the Act (42 U.S.C. 2961) is amended—
by striking out “his poverty” and inserting in lieu thereof “the povert y of such person”;
by striking out “his lack of income” and inserting in lieu thereof “the lack of income of such person”;
by striking out “his refusal” and inserting in lieu thereof “the refusal of such person”; and
by striking out “his health, age, education, and ability” and inserting in lieu thereof “the health, age, education, and ability of such person”.
Section 627 of the Act, as so redesignated in section 13(i), is amended—
by striking out “or his delegate” each place it appears therein; and
by striking out “him” and inserting in lieu thereof “the Director”.
Section 631(a) of the Act (42 U.S.C. 2973(a)) is amended by striking out “his stead in the event of his unavoidable absence” and inserting in lieu thereof “place of such member in the event of the unavoidable absence of such member”.
Section 631(c) of the Act (42 U.S.C. 2973(c)) is amended—
by striking out “him” and inserting in lieu thereof “the Executive Secretary”; and
by striking out “his duties” and inserting in lieu thereof “the duties of the Executive Secretary”.
That portion of section 632 of the Act (42 U.S.C. 2974) which precedes paragraph (1) is amended by striking out “his other powers” and inserting in lieu thereof “the other powers of the Director”.
Section 632(1) of the Act (42 U.S.C. 2974(1)) is amended by striking out “his own initiative” and inserting in lieu thereof “the initiative of the Director”.
Section 635(b) of the Act (42 U.S.C. 2977 (b)) is amended by striking out “He” and inserting in lieu thereof “The Director”.
That portion of section 713(a) of the Act (42 U.S.C. 2982b(a)) which precedes paragraph (1) is amended by striking out “he” each place it appears therein and inserting in lieu thereof “the Director”.
Section 731 (b) of the Act (42 U.S.C. 2984(b)) is amended by striking out “him” and inserting in lieu thereof “the Director”, and by striking out “he” and inserting in lieu thereof “the Director”.
Section 731(c)(3) of the Act (42 U.S.C. 2984(c)(3)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 803(b) of the Act (42 U.S.C. 2991b(b)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 803(c) of the Act (42 U.S.C. 2991b(c)) is amended by striking out “he” and inserting in lieu thereof “the Secretary”.
Section 807(b) of the Act (42 U.S.C. 2991f (b)) is amended by striking out “his decision” and inserting in lieu thereof “the decision of the Secretary”.
Section 807(c) of the Act (42 U.S.C. 2991f (c)) is amended by striking out “his decision” and inserting in lieu thereof “the decision of the Secretary”.
Section 812(a) of the Act (42 U.S.C. 2992b(a)) is amended—
by striking out “his functions, powers, and duties” and inserting in lieu thereof “the functions, powers, and duties of the Secretary”; and
by striking out “he” and inserting in lieu thereof “the Secretary”
Section 901(a)(2) of the Act (42 U.S.C. 2995(a)(2)) is amended by striking out “his responsibilities” and inserting in lieu thereof “the responsibilities of the Director”.
Section 901(a)(3) of the Act (42 U.S.C. 2995(a)(3)) is amended by striking out “he” and inserting in lieu thereof “the Director”.
Section 902(a) of the Act (42 U.S.C. 2995a(a)) is amended by striking out “him” and inserting in lieu thereof “the Director”.
The second sentence of section 225(c) of the Act (42 U.S.C. 2812(c)) is amended by striking out “title, non-Federal” and inserting in lieu thereof “title. Non-Federal”.
Approved November 2, 1978.